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Duke  University  Libraries 

Amendments  to  t 
Conf  Pam  12mo  #303 

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A/MENDMEISTTS 

To  the  last  Report  of  the  Committee  on  Federal  Relations,  pre- 
sented by  Mr.  Wise,  March  29,  1S61. 


Amendment  1st. — Amend   by  striking  out  the  1st  and  2d 
sections  of  the  report,  and  inserting: 

1.  In  all  the  present  territory  of  the  United  States,  involuntary 

2  servitude,  as  it  now  exists,  shall  remain  and  shall  not  1  • 

3  changed;  nor  shall  any  law  be  passed  by  Congress  or  the 

4  territorial  legislatures  to  hinder  or  prevent  the  taking  of  , 

5  sons  held  to  service  or  labor>  from  any  of  the  States  of  tin's 

6  Union  to  said  territory;  nor  to  impair  the  rights  arising  from 

7  said  relation;  nor  shall  said  rights  be  in  any  manner  affected 

8  by  any  preexisting  law  of  Mexico  in  the  part  acquired  from 

9  her;  but  the  same  shall  be  protected  as  other  rights,  and  be 

10  subject  to  judicial  cognizance  in  the  Federal  Courts,  accord- 

11  ing  to  existing  laws,  and  to  the  remedies  and  practice  of  the 

12  common  law,  so  far  as  they  may  be  consistent  with  each 

13  other.     And,  when  any  territory,  within  such  boundary  as 


14  Congress  may  prescribe,  shall  contain  a  population  equal  to 

15  that  required  for  a  member  of  Congress,  it  shall,  if  its  form 

16  of  government  be  republican,  be  admitted  into  the  Union  on 

17  an  equal  footing  with  the  original  States,  with  or  without  in- 
1S  voluntary  servitude,  as  such   Constitution  of  the  State  may 

19  provide.     In  all  territory  which  may  hereafter  be  acquired  by 

20  the  United  States,  involuntary  servitude  is  prohibited,  except 

21  for  crime,  north  of  thirty-six  degrees  thirty  minutes;  but 

22  shall  not  be  prohibited  by  Congress  or  any  territorial  legisla- 

23  ture  south  of  that  line. 

Amendment  2d. — Amend  by  striking  out  the  3d  section  and 
inserting: 

2.  Neither  the  Constitution,  nor  any  amendment  thereof, 

2  shall  be  construed  to  give  Congress  power  to  abolish  involun- 

Jf3  tary  servitude  in  any  territory;  nor  in  the  District  of  Colum- 

4  bia;  nor  in  the  sites  of  forts,  magazines,  arsenals  or  other 

5  places  ceded  by  the  States  to  the  Federal  Government,  within 

6  the  limits  of  those  States  where  involuntary  servitude  is  es- 

7  tablished  or  recognized;  nor  within  any  forts,  magazines, 

8  arsenals,  or  other  places  reserved  within  the  limits  of  any 

9  territory  for  the  uses  of  the  Government  of  the  United  States; 

10  but  Congress  shall  pass  all  laws  necessary  and  proper  to  pro- 

11  tect  the  property  in  persons  held  to  service  or  labor,  in  said 

12  territory,  District,  or  other  places  ceded  or  reserved  to  the 


13  United  States.     Nor  shall  any  law  be  passed  by  Congress  to 

14  hinder  or  prevent  the  taking  of  persons  held  to  service  or 

15  labor  to  or  from  the  District  of  Columbia,  or  to  hinder  or  pre- 

16  vent  the  retaining  of  the  same  within   the  limits  thereof. 

17  Nor  shall  Congress  have  the  power  to  prohibit  the  removal 
IS  or  transportation,  by  land  or  water,  of  persons  luld  to  service 

19  or  labor  in  any  State  or  Territory  of  the  United  States  to  any 

20  other  State  or  Territory  thereof,  where  it  is  established  or  re- 

21  cognized  by  law  or  usage;  and  the  owner  of  property  in  per- 

22  sons  held  to  service  or  labor,  or  his  agent,  shall  have  the 

23  right  of  transit  through  any  State  or  Territory  of  the  United 

24  States  with  such  property  and  persons,  to  and  from  any  State 

25  or  Territory  recognizing  said  property  by  law  or  usage,  and 

26  the  right  during  transportation,  by  sea  or  river,  of  touching 

27  at  ports,  shores  and  landings,  and  of  landing  and  sojourning 

28  with  said  property,  in  cases  of  need,  temporarily,  any  law  of 

29  any  State  or  Territory  to  the  contrary  notwithstanding.  And 

30  Congress  shall  not  have  the  power  to  lay  on  persons  held  to 

31  service  or  labor  in  any  of  the  States  or  territories  of  the 

32  United  States  any  other  tax  than  a  capitation  tax,  to  be  ap- 

33  portioned  as  capitation  or  other  direct  taxes  are  directed  to  be 

34  apportioned  throughout  the  United  States  according  to  the 

35  fourth  clause  of  section  nine  of  article  first  of  the  Constitution 

36  of  the  United  States. 


4 

Amendment  3. — Amend,  &c,  by  inserting  after  the  3d  sec* 
tion  of  the  report: 

Section  3.  In  all  cases  where  the  property  in  persons  held  to 

2  service  or  labor  in  any  State  or  Territory  of  the  United  States, 

3  or  in  the  District  of  Columbia,  has  been  or  hereafter  may  be 

4  taken  for  public  use,  as  in  cases  of  impressment  in  war  or 

5  otherwise,  the  owner  thereof  shall  be  justly  compensated  as 

6  in  cases  of  other  property  so  taken;  and  in  all  cases  involving 

7  questions  of  property  in  said  persons,  the  rights  of  property 

8  in  them  shall  be  recognized  and  protected  by  the  United 

9  States  and  their  authorities  as  the  rights  of  other  property  are 
10  recognized  and  protected. 

Amendment  4. — Amend  the  4th  section  of  the  report  by  add- 
ing thereto  these  words: 

And  it  shall  be  the  duty  of  all  the  States,  to  pass  all  laws 

2  necessary  and  proper  to  aid,  by  their  authorities,  judicial  and 

3  ministerial,  in  the  execution  of  the  laws  passed  by  Congress 

4  for  the  delivery  of  fugitives  from  service  or  labor  to  the  per- 

5  son  to  whom  such  service  or  labor  is  due.     And  in  case  the 

6  owner,  or  his  agent,  of  the  person  held  to  service  or  labor, 

7  shall  be  unlawfully  deprived  of  his  property  in  such  person 

8  by  force  or  violence,  by  mobs  or  riotous  assemblages,  or  by 

9  secret  associations  or  conspiracies,  in  the  limits  of  any  State, 
10  such  State  shall  make  just  compensation  therefor,  and  it 


5 

11  shall  be  the  duty  of  Congress  to  provide  by  law  for  the  en- 

12  forcement  of  such  compensation. 

Amendment  5. — Amend   the  5tlr  section   by  adding  these 
words: 

Provided,  that  nothing  herein  contained  shall  be  deemed  to 

2  apply  to  the  Son  thorn  States  which  have  declared,  or  may 

3  hereafter  declare,  their  separation  from  this  Confederacy,  in 

4  case  their  separate  independence  shall  be  acknowledged  and 

5  continued. 

Amendment  6. — Amend  by  striking  out  the  6th  section  of 
the  report. 

Amendment  7. — Amend  section  7th  of  the  report  by  adding 
thereto  the  words: 

And  no  person  of  the  African  race  shall  be  deemed  and  held 

2  entitled,  under  the  Constitution  of  the  United  States,  to  the 

3  privileges  and  immunities  of  citizens  in  the  several  States. 

4  And  the  several  States  are  prohibited  from  passing  any  laws 

5  establishing  equality  of  the   African  with   the  white   race 
G  within  their  limits. 

Amendment  8. — After  section  7  insert: 
Section  S.  The  second  clause  of  the  second  section  of  the 

2  second  article  of  the  Constitution  of  the  United  States  shall 

3  be  so  amended  as  to  take  from  the  President  of  the  United 

4  States  the  power  of  nominating  and  appointing  the  judges  of 


6 

5  the  Supreme  and  other  Federal  Courts  of  the  United  States, 

6  and  their  nomination  and  appointment  shall  he  vested  in  the 

7  Senate  of  the  United  States  alone;  and  three-fourths  of  the 

8  whole  number  of  Senators  shall  be  required  to  confirm  the 

9  appointments. 

Amendment  9. — Amend  by  inserting  after  the  last  amend- 
ment proposed: 

Section  9.  It  shall  be  the  duty  of  the  several  States,  and  of 

2  the  Congress  of  the  United  States,  within  their  respective 

3  jurisdictions,  to  pass  all  laws  necessary  and  proper,  to  protect 

4  and  preserve  the  domestic  tranquility  of  the  people  of  the 

5  several  States,  by  suppressing  all  attempts  of  individual  per- 

6  sons,  or  of  assemblages,  or  associations  to  excite  any  por- 

7  tion  of  the  people  of  the  States  to  acts  which  will  cause,  or 

8  tend  to  cause,  animosity  or  hostility  between  the  various  sec- 

9  tions,  or  any  invasions  of  any  of  the  States  or  territories  of 

10  the  United  States,  or  which  will  introduce  or  invite  foreign 

11  influence  to  divide  the  Union,  or  which  may  tend  to  destroy 

12  the  same. 

Amendment  10. — Amend  by  changing  section  8th  of  the  re- 
port to  section  10. 

And  it  is  hereby  ordained  and  declared  by  this  Convention, 

2  That  the  foregoing  propositions  of  adjustment  shall  be  sub- 

3  mitted  to  the  people  of  this  Commonwealth  for  their  approval 


7 

4  or  disapproval,  at  their  elections,  to  be  held  on  May  next. 

5  And  that  it  shall  also  be  submitted  to  them,  at  said  elections 

6  to  decide  whether,  when  said  propositions  in  case  of  their 

7  approval   by  the   people   of  this    Commonwealth,   shall   be 

8  made  to  the  co-States,  they  will  not  accept  the  same,  or  will 

9  not  respond  thereto  in  a  reasonable  time  or  satisfactory  man- 
10  ner,  the  people  of  this  Commonwealth  will  or  will  not  re- 
11.  sume  the  powers  granted  by  them  under  the  Constitution  of 

12  the  United  States.     And  to  that  end,  it  is  farther  ordained 

13  that,  it  shall  be  the  duty  of  the  officers  conducting  the  elec- 

14  tion  to  be  held  for  members  of  the  General  Assembly,  in 

15  May  next,  to  prepare  proper  poll  books,  the  form  of  which 

16  shall  be  prescribed,  and  distributed  throughout  the  Com- 

17  monwealth,  by  the  Secretary  thereof,  and  to  see  that  a  poll 
IS  shall  be  opened   at  the  several   places  of  voting  in  every 

19  county;  and  the  said  poll  books  shall  have  four  columns: — 

20  one  to  be  headed,  "propositions  approved,"  another  to  be 

21  headed,  "propositions  disapproved;"  a  third  to  be  headed, 

22  "for  resumption  of  powers,"  and   a  fourth  to  be  headed, 

23  "against  resumption  of  powers."     And  it  shall  be  the  duty 

24  of  said  officers  conducting  the  election,  to  cause  the  names 

25  of  the  qualified  voters,  voting  at  their  respective  precincts  for 

26  members  of  the  General   Assembly,  to  be  recorded  for  or 

27  against  the  said  propositions  of  adjustment,  and  for  or  against 


8 

28  the  said  alternatives  of  resuming  or  not  resuming  the  powers 

29  granted  by  the  people  of  this  Commonwealth,  under   the 

30  Constitution  of  the  United   States,  in  case  of  the  rejection 

31  of   said    propositions,  or  failure   to   answer  them   satisfac- 

32  torily  or  at  all,  by  the  co-States,  under  the  respective  head- 

33  ing,  according  to   the  vote  of  each  voter.     And  said    poll 

34  books  shall  be  certified  and  returned  by  said  officers  within 

35  five  days  after  the  election,  to  the  clerk  of  the  county  or 

36  corporation  court,  as  the  case  may  be,  where  the  election  is 

37  held.     And  it  shall  be  the  duty  of  the  respective  clerks  to 

38  certify  the  result  of  the  vote  to  the  Governor  of  the  Com- 

39  monwealth,  under  their  seals  of  office,  within  five  days  after 

40  the  said  poll  books  shall  have  been  returned  to  them  by  the 

41  officers  conducting  the  elections.     And  the  Governor  and 

42  Secretary  of  the  Commonwealth  shall  compare  and  count 

43  the  said  polls  and   ascertain  the  result  of  the  vote  of  the 

44  people  of  the  Commonwealth,  and  the  Governor  shall  make 

45  the  same  known  by  proclamation;  and  he  shall  communicate 

46  the  result  to  the  President  of  this  Convention,  who  shall 

47  immediately  assemble  the  members  thereof,  if  not  in  session; 

48  and,   if  said   propositions   be   approved   by    the   people,   or 

49  whether  approved  or  not  by  the  people,  they  shall  adopt  the 

50  alternative  of  resuming  the  powers  granted  by  them  under 

51  the  Constitution,  then  this  Convention  shall  proceed  to  act 


9 

52  accordingly.     And  in  case  both   the   "propositions"   and 

53  "resumption"  are  adopted  by  the  people,  this  Convention 
51  shall  await  responses  to  the  former,  by  the  co-States,  until 

55  the  1st  day  of  October  next;  if  the  responses  are  satisfactory 

56  they  shall  be  accepted;  if  not,  or  insufficient  responses  or  no 

57  responses  at  all  are  made,  then  the  alternative  of  "resump- 
5S  tiou"  shall  be  ordained  Ly  this  Convention,  and  be  made 
59  the  supreme  law  of  the  Commonwealth;  or,  if  the  said  pro- 

00  positions  shall   be  rejected  by  the  voters,  and  the  alternative 

01  of  resumption   be  adopted  by  them,  then  this  Convention 

02  shall    proceed   immediately  to  ordain  and   proclaim  that  the 

03  people  of  this  Commonwealth  will  resume  the  powers  granted 
01  by  them  under  the  Constitution  of  the  United  States. 


Hollinger  Corp. 
PH8.5 


